To raise a Revenue for the support of Government until otherwise
provided by law.

Sec. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, That
all lands in this state subject to taxation, shall belong to one
class : the first quality of which shall be rated at sixteen dollars;
the second quality, at ten; the third quality, at four; and the
fourth quality, at two dollars; and the owner or person subject
to pay taxes for the same, shall, when he or she shall give in
a list of his or her lands, state on oath, to which quality they
believe his or her lands belong.

Sec. 2. And be it further enacted, That the sum of ten
cents for every hundred dollars value, be paid on all lands within
this state, which have been cleared out of the land office, or
to which a complete title has been obtained by the owner; and
the tax on all lands purchased of the United State shall be proportioned
to the number of instalments paid by the proprietor at the time
of assessment, as well as to its class or quality: and if one
instalment only, be paid to the government, one-fourth only, of
the amount of tax accruing by the laws of the state on land of
the same quality, shall be assessed or collected; and in like
proportion when a second or third instalment shall have been paid.

Sec. 3. And be it further enacted, That the sum of ten

99

cents be paid, for every hundred dollars value of all lands,
lots, of building, within any city or town, to be estimated by
the person giving in the same, upon oath; thirty cents for every
hundred dollars, on the amount of merchandize sold within the
year immediately preceding the first day of January in each and
every year, to be estimated by the owner, or in his absence by
the principal clerk, giving in the same on oath; and for every
slave not exceeding ten years, twenty five cent; and all over
ten and under sixty one dollar; for all free male negroes and
mulattoes, over twenty-one years, one dollar; for all free white
males above the age of twenty-one years and not exceeding forty-five,
fifty cents; for all pleasure carriages and harness, one dollar
on every hundred dollars of their estimated value to be ascertained
by the oath of the party giving in the same to the assessor; for
every tavern licence, or leave to retail spiritous liquors, ten
dollars; for every horse kept exclusively for the saddle or pleasure
carriage, on dollar; and for every race horse, five dollars; for
every public race track, twenty dollars; for every stud horse
or jack ass, the amount for which said stud or jack may stand
by the season; and all neat cattle which may be owned by any one
citizen of this state, and for every head of neat cattle owned
by any person not a citizen freeholder of this state, over twenty-five
head, work oxen excepted, per head, four cents; for every billiard
table kept for play, one thousand dollars; for each licence granted
to every hawker or pedlar, in each county, twenty dollars; and
in case any hawker or pedlar shall sell any goods or merchandize,
without first taking out licence and paying for the same, agreeably
to the provisions of the law, he shall forfeit and pay the sum
of fifty dollars, to be recovered in any court having competent
jurisdiction, one half to the use of the state, and the other
half to the use of the informer; on all good sold at auction,
other than those which are exempted by law, two per centum on
the amount of sales; for every gold watch kept for use, one dollar;
for every silver or other watch, kept for use, fifty cents; and
for every clock, kept for use, one dollar, for money loaned at
interest, for every hundred dollars, twenty-five cents; on every
pack of playing cards sold, given away, or otherwise disposed
of, fifty cents.

Sec. 4. And be it further enacted, That for every tavern
licence in any city or town, there shall be paid as tax, twenty
dollars; for keeping a house of public entertainment in any city
or town, without retailing spiritous liquors, fifteen dollars;
on every retailer of spiritous liquors in any city or town, ten
dollars; on every retailer of spiritous liquors in the country
or on the road or highways, without keeping

100

accommodations for man and horse, five dollars; and on all
houses of public entertainment on the roads and highways, retailing
spiritous liquors, five dollars; which tax shall be paid to the
clerk issuing the licence, and by him, immediately, to the tax
collectors; and the clerk shall receive for his services, the
fees heretofore allowed for issuing licences; and no county tax
shall be paid on licenses, except such as may be levied by the
county court of such county.

Sec. 5. And be it further enacted, That on all shares
of Bank stock in any bank in the state, held by any individual,
partnership, or body corporate, there shall be levied and collected,
yearly a revenue at the rate of fifty cents on each share of one
hundred dollars: Provided nevertheless, that if any Bank
in this state shall refuse to pay specie for their notes after
the first day of August next, then and in that case, three shall
be levied and collected, an additional tax of fifty cents on each
share held as aforesaid in any Bank or Banks so refusing to pay
specie for their notes; and the president and directors, or cashier,
on making out their last dividend for each preceding year shall
return the said amount of taxes, and pay the same into the treasury
of this state and shall produce the treasurers receipt,
on or before the first day of January in every year: an don failure
there-of, the president and directors of said Bank or any number
of them in their corporate capacity, shall pay to the state two
thousand dollars: and in case of any such failure, it shall be
the duty of the Comptroller of public accounts, to direct the
solicitor of the circuit in which such defaulting Bank or Banks
may be, to proceed to the recovery of the same, on motion in the
circuit court; the said Comptroller of public accounts giving
notice in the Cahawba Press to the said defaulting bank or banks
of motion so to be made and the certificate of said Comptroller
shall be deemed and taken as full and sufficient evident of such
default or failure.

Sec. 6. And be it further enacted, That when the time
shall have expired within which the lists of taxable property
are to be received, it shall be the duty of the assessor of taxes
to ascertain whether there be any lands or town lots within their
respective counties, sold under the authority of the United State,
previously to the first day of September, one thousand eight hundred
and nineteen, which have not been assessed; and in case any such
be found, which have not been forfeited, he shall assess the same
according to the rate of assessment prescribed by law on town
lots and lands for which a complete title has been obtained, and
such lots for lands shall be double taxed.

Sec. 7. And be it further enacted, That the collectors
of taxes in the several counties, shall, at the time and in the

101

manner prescribed by law, make distress and sale of the goods
and chattels, lands and tenements of all delinquents in making
return of taxable property, or in payment of taxes: and in cases
of taxes assessed in the manner directed in the preceding section
on lands or town lots, to which a complete title has not been
obtained, and in which other property, sufficient to satisfy the
taxes due, together with all costs and charges accruing thereon,
cannot be found, it is hereby expressly made the duty of the respective
collectors of taxes, to give notice by advertisements, at the
door of the court house of the proper county and at two other
public places within the county, that on a certain day (which
shall be at least thirty days after the date of each advertisement)
he shall at the court house of his county, offer for rent, the
town lot or lots, or so much of the land (as the case may be,)
and for such term as may be necessary, to satisfy the taxes due,
and costs and charges thereon; and he shall accordingly offer
for rent to the highest bidder, until the first day of January
succeeding the January immediately ensuing, the town lot or lots
or such portion of the lands (as the case may be) as he may designate,
beginning in the case of lands with ten acres, or with as much
less than ten acres as may be necessary to pay said tax and costs,
or by adding ten thereto as often as may be necessary to obtain
by such rent a sufficient sum to satisfy taxes and costs; and
in case the town lot or lots, or lands cannot be rented for a
sufficient sum on the terms aforesaid, they shall be offered for
two years from the first day of January immediately ensuing, or
until a complete title to the same shall be produced or the same
shall be forfeited to the United States: Provided, that
the production of a complete title shall in every case aforesaid,
entitle the owner to the possession of the premises, upon reimbursing
the amount paid for taxes, and the charges thereon, to the party
by whom such payment has been made, and saving to the occupant
the crop which may be on the premises: and should the rent in
any case exceed the amount of taxes and charges, the right owner
of the town lot or lots or lands, (as the case may be), shall
be entitled to receive the overplus.

Sec. 8. And be it further enacted, That the collectors
of taxes respectively, shall, by an instrument of writing convey
to the party renting the premises as aforesaid, the use thereof
for and during the time for which they were rented, and shall
in addition to the compensation allowed by law, be entitled to
receive one dollar, for executing every such instrument of writing;
and such instrument conveying the use of the premises as aforesaid
shall be good and sufficient both in law and equity: Provided
that whenever the

102

collector shall find the tenant in possession, who may refuse
to pay the tax, or render possession of the premises which may
be thus taxed and unpaid, he shall have full power to proceed
instanter, in the same manner, as is or may be authorized
in cases of forcible entry and detainer, and the refusal of the
tenant in possession to render peaceable possession of the premises,
on demand, shall be considered as evidence of forcible detainer.

Sec. 9. And be it further enacted, That the tax collector
shall be authorized and is hereby required to convey by deed,
any land he may sell under the provisions of this act, where a
complete title has been obtained: Provided, the owner or
owners of any lands sold for taxes, may redeem the same at any
time within twelve months, by the proper owner or owners, or their
agents, paying the same amount of tax and costs paid by the purchaser
with interest at the rate of fifty per centum, per annum, from
the day of sale, until said redemption and costs.

Sec. 10. And be it further enacted, That every person
who shall exhibit or cause to be exhibited for hire or emolument,
any museum, wax works, feats of activity, slight of hand, or plays
shall first obtain from the clerk of the county court of the county
where the same may be exhibited, a licence authorizing the same,
for which the party applying shall pay to the clerk twenty dollars
for the use of the state, together with one dollar as a fee to
the clerk, for issuing the same; and the clerk shall account for
the said tax, in the same manner as he is required to account
for taxes collected on retail and tavern licences: and every person
who shall exhibit as aforesaid, without first obtaining such licence,
shall forfeit and pay the sum of fifty dollars, to be recovered
before any justice of the peace, at the suit of said clerk, or
any other person in the name of the said clerk; which sum so recovered
shall be paid over as aforesaid after deducting therefrom ten
dollars for the use of the person who may sue as aforesaid.

Sec. 11. And be it further enacted, That stud horses
and jack asses, shall be taxed from and after the first day of
April, and the assessor shall take the list of those articles
in relation to that day; and it shall be the duty of the collector
of the revenue to collect the tax on all jack asses and stud horses
which have stood the season in their respective counties, whether
they have been listed with the assessor or not, and account for
the receipts as other taxes.

Sec. 12. And be it further enacted, That if any person
shall remove from the county in which he may reside after the
first day of April next, without returning to the assessor a list
of his taxable property, then and in that case, he shall

103

return to the assessor of the county to which he shall remove,
a list of his taxable property.

Sec. 13. And be it further enacted, That if any person
or persons shall by him or themselves, or by his, her, or their
agent, keep a billiard table for play, without first obtaining
a licence from the county court in which said billiard table may
be kept, he, she, or they, shall forfeit and pay the sum of two
thousand dollars; to be recovered in any court having jurisdiction
thereof, one half to the person suing for the same, the other
half to the state: Provided, that all town property shall
be valued by the assessor, where the owner of such property refuses
to give in the same upon oath.

Sec. 14. And be it further enacted, That no collector
shall be authorized to collect any tax until the assessment shall
have been completed and a list thereof returned to the clerk of
the county court of his county.

[Approved, Dec. 27th 1822.]

============

AN ACT

To authorize a levy of a county tax in St. Clair, for the purpose
of building a court house.

Sect. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, That
the Judge of the county court and commissioners of roads and revenue
of St. Clair county, be, and they are hereby authorized to levy
an extra tax on all persons and property in said county subject
to taxation, not exceeding one half on the amount of the state
tax, to be collected by the tax collector of said county in the
same way, manner, and at the same rate of compensation as the
state tax is collected, and by him paid to the commissioners appointed
to superintend the public buildings for said county.

Sec. 2. And be it further enacted, That all acts already,
or hereafter to be performed by the commissioners appointed to
superintend the public buildings in St. Clair county, shall be
considered lawful and conclusive; and the said commissioners shall
be paid, out of the county treasury one dollar per day, for each
day they may be employed in discharging the duties required of
them by law.

[Approved, Dec, 31, 1822.]

=============

AN ACT

For the relief of certain Tax Collectors therein named.

Sec. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, That
the tax collectors of the counties of Limestone, Lauderdale and
Madison, be and they are hereby allowed until the first Monday
of March next, to collect and remit to the comptrollers
office the remainder of the revenue due from said counties of
Limestone, Lauderdale and Madison.

104

Sec. 2. And be it further enacted, That the tax collector
of Jackson county be allowed until the first day of April next
to procure and return a list of insolvents in said county.

Sec. 3. And be it further enacted, That the provisions
of this act shall not extend to the tax collectors above mentioned,
or either of them, until he shall have entered into bond and security
payable to the Governor and his successors in office, in double
the amount of the arrearages which may be due and unpaid; conditioned
that they will collect and pay over the sums due within the time
prescribed by the provisions of this act, and which bonds shall
be approved by the Judges of the county courts, respectively.

Sec. 4. And be it further enacted, That the tax collector
of Marengo county be allowed until the first day of March next,
to complete his collection and pay over the balance due by said
collector, into the treasury.

Sec. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, That
George Cox, administrator of the estate of Benjamin Cox, deceased,
late of the county of Tuskaloosa, be, and he is hereby, authorized
and empowered to sell and transfer the following lots, to wit:
one lot in the town of Huntsville, Madison County, fronting on
Clinton Street, containing, according to the survey of the said
town two acres, and one hundred and thirty one perches, belonging
to the said estate; also, all the right title and interest held
by said decedent in his lifetime, to lots numbered six, two hundred
and eighty four, two hundred and seventy six, three hundred and
twenty three, four hundred and seventy-seven, four hundred and
seventy-eight, four hundred and seventy-nine, four hundred and
eighty, four hundred ad eighty one, four hundred and eight two,
four hundred and eighty three, four hundred and eighty four, three
hundred and seventy one, three hundred and seventy two, three
hundred and seventy three, three hundred and seventy four, four
hundred and one, four hundred and two, four hundred and three,
four hundred and four, lying in the lower part of the town of
Tuskaloosa, on such terms and conditions as the said administrator
may deem most advisable and advantageous to the interest of the
said estate: Provided, that twenty days notice shall be
given in the paper published in the town of Tuskaloosa, previous
to the sale.

Sec. 2. And be it further enacted, That the said administrator
shall, before such sale and transfer; enter into bond with sufficient
security, payable to the judge of Tuskaloo-

105

sa county for the time being and his successors in office,
in such sum as said Judge may require, for the proper distribution
of the money arising from the sale of the aforesaid lots, agreeably
to the existing laws regulating the distribution of personal estates
of deceased persons.

Sec. 3. And be it further enacted, That this act shall
commence and be in force, from and after the passage thereof.

[Approved, Dec. 31, 1822.]

===========

AN ACT

In relation to the estate of James White, deceased.

Sec. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, that
Mary White, widow of James White, deceased, of the county of Madison
be, and she is hereby, authorized and empowered, by and with the
consent of Samuel Bigham, of Lawrence county, to rescind and cancel
a contract entered into by her husband, James White, in his lifetime,
with the said Samuel Bigham, for a certain quarter section of
land, lying and being in the county of Lawrence; and the said
Mary White is hereby authorized to assign over to the said Samuel
Bigham, the certificate for said quarter section of land so purchased,
so soon as the said Samuel Bigham shall surrender and give up
the notes to the said James White, deceased, for the purchase
money; and the assignment thus made is hereby declared to be as
full and complete, as if it had been made by the said James White,
in his lifetime.

Sec. 2. And be it further enacted, That John Davis,
David H. Craig, Tinsley Davis, James Craig and Hugh Bernard, be,
and they are hereby authorized and empowered to divide the quarter
section of land purchased of the United States, by said James
White, deceased, and Matthew White, in copartnership, and allot
to each party their respective parts of said quarter section of
land, so purchased in copartnership, agreeably to the terms and
conditions of the contract, between the said Matthew White, and
James White, deceased, in his lifetime.

Sec. 3. And be it further enacted, That the said John
Davis, David H. Craig, Tinsley Davis, James Craig and Hugh Bernard,
shall, before they enter on the duties assigned them by the second
section of this act, take the following oath, to be administered
by some Judge or justice of the peace, in and for the county of
Madison, to wit: ¾ "I _____
____ do solemnly swear (or affirm as the case may be,) that I
will discharge the trust reposed in me, by the second section
in this act, faithfully, without partiality favour or affection
to the best of my skill and judgment¾
so help me God."

[Approved, Dec, 31 ,1822.]

14

106

AN ACT

For the government of the Port and Harbor of Mobile.

Sec. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, That
there shall be and hereby is, established a Board of Wardens for
the port of Mobile, to consist of five discreet persons, to be
chosen by the Legislature, one of whom shall be chose as Harbour
Master, and who shall hold their office during the term of three
years; and that the said Harbour Master and Wardens, and their
successors in office, shall compose the said Board of Wardens
hereby established, and shall be called and known by the name
of The Harbour Master and Wardens of the Port of Mobile,
and shall have full power and authority to have and use a common
seal, with such device as they may think proper, and the same
to break, alter and renew at their pleasure: and further, that
all fines, penalties and forfeitures, arising under this act,
or the rules and regulations to be made by the said Board of Wardens
in pursuance thereof, shall and may be sued for, and recovered
in any court having cognizance thereof, by the said Board of Harbour
Master and Wardens, or their successors in office, by their said
name of the Harbour Master and Wardens of the Port of Mobile.

Sec. 2. And be it further enacted, That each and every
person, who, at any time hereafter, shall be appointed Harbour
Master or Warden of the port of Mobile, shall, before he enters
upon the duties of his office, take and subscribe an oath or affirmation,
before the mayor or one of the aldermen of the city of Mobile,
in the following words: "I will well, truly and faithfully,
according to the best of my skill and understanding, execute and
perform the powers and duties vested in or injoined upon me by
law, as Harbour Master (or one of the Wardens, as the case may
be) of the port of Mobile;" ¾
which oath or affirmation shall be filed in the office of the
clerk of the corporation of the city of Mobile.

Sec. 3. And be it further enacted, That the said Harbour
Master and Wardens shall appoint a clerk, and keep an office in
the city of Mobile, at which office one or more of the Wardens
or Harbor Master, shall give occasional attendance, and their
said clerk shall give attendance daily, Sundays and the fourth
day of July excepted; and that said Board of Harbour Master and
Wardens shall cause to be made and kept by their clerk in a book
or books, by them to be provided for that purpose, regular fair
minutes and entries of all orders, regulations, transactions and
proceedings of the said Board, under and by virtue of this act;
and which said book or books of entries shall and may be inspected
by any person or persons desiring to inspect the same, such person
or persons desiring to inspect the same, paying the said clerk
twenty-five cents each time the said books shall at his or their
request be opened and examined; and further, the said clerk shall
give true copies of such entries or minutes so to be made in said
book or books to such person or persons as may require the same

107

such person or persons paying therefor to the said clerk, whatever
sum the Harbour Master and Wardens shall deem a sufficient compensation,
to be established by the Board of Master and Wardens.

Sec. 4. And be it further enacted, That the said Harbour
Master and Wardens shall meet at their office in the city of Mobile,
on Monday, in every week, and at such other time or times, as
the Harbour Master or two of the Wardens, may direct and appoint:
and that the said Board, any three of whom shall be a quorum,
shall have full power and authority when so met, from time to
time, to grant licences, under the limitations hereinafter in
that behalf prescribed, to such and so many fit and proper persons
not exceeding ten in the whole, as they may deem necessary and
sufficient, to act as pilots for the safe pilotage of ships and
vessels to and from the port of Mobile; and also to grant licences
to such person or persons as the said Board shall approve of,
to act as deputy pilots under such said licensed pilots, not exceeding
the whole number of pilots thus to be appointed; and further,
that the said Board of Master and Wardens shall have full power
and authority at any time or times, to revoke and annul any licence
that may be by them granted to any person to act as pilot of any
description, or as deputy pilot, or to suspend any licensed pilot
or deputy pilot from acting as a pilot or deputy pilot for any
period of time they may think proper: and further that the said
Board of Master and Wardens shall have full power and authority
from time to time to make and establish rules, orders and regulations,
not inconsistent with the constitution and laws of this state,
or of the United States, for the better government of the said
pilots and deputy pilots, and with such fines and penalties for
the branch thereof, as the said Board of Master and Wardens shall
deem proper, and the same from time to time to revoke or amend:
and the said Board of Master and Wardens may, moreover, by their
order, absolutely revoke the licence of any pilot or deputy pilot,
or suspend him from acting as a pilot for such time as they may
think proper, for breaking any such rule order or regulation,
or omitting any thing required by the same, or for acting in any
manner contrary thereto; and in all cases whatever, a majority
of the said Board of Master and Wardens shall be sufficient to
decide upon any matter or question before the said Board, and
the decisions acts, orders and proceedings of such majority, shall
in all cases be as valid, binding and effectual to all intents
and purposes as if the said Master and Wardens had all of them,
been present and concerned therein: Provided, that before any
pilot or deputy pilot shall be deprived of his licence, or suspended
from acting there under, such pilot or deputy pilot shall be summoned
by a notice in writing, to be delivered to him personally, or
to be left at his usual place of abode at least fifteen days before
the time specified therein for his appearance, to appear before
the said Board of Master and Wardens, at such time as shall be
specified in the said notice, to show cause, if any be

108

may have, against his suspension or the revocation of his licence;
and if such pilot or deputy pilot shall neglect or refuse to appear
at the time specified in such notice, before the said Board, or
if the cause shown by such pilot or deputy pilot against his suspension
or the revocation of his licence, shall not appear sufficient
and satisfactory to the said Board, it shall and may be lawful
for the said Board, either to revoke the licence of such pilot
or deputy pilot, or to suspend him from acting as a pilot or deputy
pilot, as they may judge proper, and an entry shall thereupon
be made in the minutes of the said Board of Master and Wardens,
of such revocation or suspension with the causes and reasons thereof;
And provided also, that the several persons who now are pilots
and deputy pilots of the port of Mobile, may, respectively, continue
in such their respective employments, without any such licences
as aforesaid, for the space of sixty days from the passing of
this act, and no longer.

Sec. 5. And be it further enacted, That it shall be
the duty of said board of Master and Wardens, before they grant
a licence to any person applying therefor, to act as pilot of
deputy pilot for the port of Mobile, to call such applicant before
them, and to examine, or cause him to be examined, touching his
qualifications for such an employment, and in particular touching
his knowledge of the tides, soundings, bearings and distances
of the several shoals, bars and points of land, in the navigation
for which he applies for a licence to act as a pilot or deputy
pilot; and touching any other matter the said board of Master
and Wardens may think proper: and if upon such examination the
person so applying shall be found and appear to the board of Master
and Wardens, or a majority of them, to be of sufficient ability,
skill and experience to act as a pilot or deputy pilot, as the
case may be, and not otherwise, the said board of Master and Wardens,
or a majority of them, may grant him a licence for piloting vessels
to and from the port of Mobile; all such licences to be granted
by the said board of Master and Wardens to persons to act as pilot
or deputy pilot, shall be under the seal of the said board of
Master and Wardens, and shall be signed by the Master, or in case
of his death, absence or inability to act, by one of the wardens
and shall be attested by the clerk of the said board of Master
and Wardens, or the person acting as clerk for the time being;
and which licence shall be in force, unless revoked, (and except
during the suspension of the pilot or deputy pilot, acting under
the same when suspended,) from the time of granting thereof, until
the same shall be revoked by the Master and Wardens as aforesaid:
Provided, that it may be lawful for the clerk to use his
private seal as the seal of the board of Master and Wardens, until
the said board obtain a seal.

Sec. 6. And be it further enacted, That the said Harbour
Master shall have authority, to regulate and station all ships
and vessels in the bay and harbour of Mobile, within the limits
of the said corporation and at the wharves thereof, and remove
from time to time such ships and vessels as are not employed

109

in receiving or discharging their cargoes, to make room for
such others as require to be more immediately accommodated, for
the purpose of receiving and discharging their cargoes; and as
to the fact of their being fairly and bona fide employed in receiving
or discharging their cargoes, the said Harbour Master is hereby
constituted the sole judge: and the said Harbour Master shall
have authority to determine how far, and in what instances it
is the duty of masters and others having charge of ships and vessels,
to accommodate each other in their respective situations; and
if any master or other person shall resist or oppose to the said
Harbour Master in the execution of the duties of his office, such
master or other person having charge of any ship or vessel, or
other person whatsoever, shall for every such offence, forfeit
and pay the sum of fifty dollars to be recovered with costs of
suit in the name of the Master and Wardens of the port of Mobile,
before any court having cognizance thereof; all of which fines
when collected shall be paid to the treasurer of the city of Mobile,
for the use of the poor of the said county of Mobile.

Sec. 7. And be it further enacted, That it shall be
the duty of the said Harbour Master and Wardens to superintend
and enforce all laws of this state and all laws of the city of
Mobile, for preventing and removing all nuisances, whatever, in
and upon the wharves, within the corporate limits of said city.

Sec. 8. And be it further enacted, That the said Harbour
Master shall have power to order any pilot or deputy pilot whom
he may find in the city of Mobile to return to his station at
Mobile-point; and any pilot or deputy pilot, refusing to comply
with the said order, or who shall evade the same, or shall refuse
or neglect to perform any of the duties hereinbefore imposed upon
him, shall, on due proof thereof made to the said Master and Wardens
of the said port, be subject to a fine not exceeding fifty dollars
to be recovered with costs of suit, before any court having cognizance
thereof, in the name of the Harbour Master and Wardens of the
port of Mobile, or to be suspended for any definite time from
acting as pilot, as the case may be, or to have his licence taken
from him as pilot or deputy pilot, as in the judgment of the Master
and Wardens may seem proper.

Sec. 9. And be it further enacted, That the said Harbour
Master, in case of sickness or temporary absence shall have power
to appoint a deputy, and the same to remove or displace, and appoint
another in his room; and further, the said Harbour Master shall
have power to demand and receive from the commander, owners or
consignees, or either of them, of every ship or vessel that may
enter the port of Mobile and load, unload, or make fast to any
of the wharves within the limits of said city, at and after the
rate of three cents per ton; to be computed from the tonnage expressed
in the registers of such ships or vessels, respectively and no
more: Provided always, that the sums shall not extend to
chalons, flats or keel-boats, which are employed in the river
trade, unless upon the application of the person having charge
of such chalon, flat or keel-boat so employed, the

110

said Harbour Master shall interfere and adjust any difference
respecting the situation or position of such flat or boat; which
differences the Harbour Master is authorized to hear and determine;
in which case the said Harbour Master may demand and recover in
manner aforesaid, from the party in fault in the premises, the
sum of two dollars for every difference so adjusted, and no more.

Sec. 10. And be it further enacted, That the said Harbour
Master and Wardens shall be empowered to receive all pilotage
money which shall become due; and on neglect or refusal of payment
by the person who ought to pay the same, may sue for and recover
the same in the name of the said Harbour Master and Wardens with
costs, before any court having cognizance thereof; and the clerk
of the said board of Harbour Master and Wardens shall keep a separate
account with each pilot, of all monies received to his use, and
the amount so due to each pilot shall be paid to them respectively,
once in every three months, after deducting five per cent. for
the trouble of the said Harbour Master and Wardens: and all fines
and forfeitures arising under this act, except the forfeited recognizance
of pilots and deputy pilots, shall be sued for and rocovered as
aforesaid by and in the name of the said Harbour Master and Wardens;
and no such suit shall discontinue or abate, by the death, resignation
or removal from office, of the said Harbour Master or Wardens:
and all such fines and forfeitures and the sums recovered on any
forfeited recognizance and not applied in discharge of damages
as hereinafter mentioned, shall be paid to the said Master and
Wardens, and be by them applied towards defraying their necessary
expenses arising in the execution of their trust.

Sec. 11. And be it further enacted, That every pilot
or deputy pilot, hereafter to be appointed, before he takes upon
himself the execution of his office, shall enter into a recognizance
to the Governor of this state, with two sufficient securities,
to be approved by the Harbour Master and Wardens aforesaid each
pilot of the sum of one thousand dollars, and each deputy pilot
in the sum of five hundred dollars, conditioned that he will diligently
and faithfully execute the trust reposed in him as a pilot or
deputy pilot (as the case may be) according to the directions
of this act, and such rules and orders as shall be given and made
in pursuance thereof; and every such recognizance if forfeited,
may at the request of any person aggrieved be prosecuted in any
court of this state, having cognizance thereof, to judgment and
execution, as in other cases; and the amount of such recognizance
when recovered, shall, by an order of the court in which the same
is recovered, be paid to the said Harbour Master and Wardens,
and the said Harbour Master and Wardens, or any three of them,
shall in such case, and also at any time after said writ brought
on such recognizance, if requested by any party interested therein,
examine into and ascertain the damages sustained by the persons
so aggrieved, and shall apply the monies so to be

111

received, or as much as shall be requisite to pay the damages
so ascertained, and shall make report in writing to the court
in which such recovery shall be had, of the damages so ascertained
and paid: Provided, however, that if the pilot or deputy
pilot so offending, shall, before judgment is obtained on his
recognizance as aforesaid pay to the party aggrieved, the damages
so ascertained by the said Harbour Master and Wardens in manner
aforesaid, together with costs of suit, the suit on such recognizance
shall be discontinued.

Sec. 12. And be it further enacted, That the said Harbour
Master and Wardens, or any one of them, shall it called upon by
the person commanding any Ship or vessel arriving from Sea, inspect
the manner in which the hatches of such ship or vessel were secured,
previous to the opening thereof for the purpose of discharge,
and shall be present at the opening of the same, and shall upon
every such survey, certify under his hand how the said Hatches
appeared to him, for which certificate he shall be entitled to
two dollars; and the said Harbour Master and Wardens or any two
of them, shall be surveyors of damaged goods brought into the
Port of Mobile in any Ship or vessel, and, with the assistance
of one or more skilful Carpenters, shall be surveyors of any damaged
vessel deemed unfit to proceed to Sea; and they shall upon every
such survey, certify under their hands, how the vessel or vessels
so surveyed appeared them, and shall cause entries to be made
in a book to be kept for that purpose in their office, and for
each certificate and entry they shall be entitled to two dollars,
and for every duplicate thereof, one dollar; and the said Wardens
shall severally be entitled for their services as surveyors of
damaged good or vessels, at the rate of two dollars and fifty
cents per day, and further, it shall solely belong to the said
Master and Wardens or any two of them, to order and direct the
sale of damaged goods by public auction, giving notice of such
public sale, at least two days before such sale is to take place,
in some newspaper published in the city of Mobile; and at least
two of the said Wardens, shall be present at such public sale,
and shall certify to the truth of the account of sales of the
auctioneer by whom such damaged goods shall be sold; and for such
attendance and certificate shall be entitled to the sum of ten
dollars.

Sec. 13. And be it further enacted, That neither the
Harbour Master nor Wardens aforesaid shall be concerned directly
or indirectly in any pilot boat or with any pilot in respect to
the business of his trust.

Sec. 14. And be it further enacted, That the said Harbour
Master and Wardens shall furnish every pilot aforesaid, with printed
instructions in english, to be shown by such pilot to the Master
or Commander of every vessel, as soon as he shall go on board
to take charge of such vessel to pilot her into the bay and harbour
of Mobile.

Sec. 15. And be it further enacted, That from and after
the first day __________________________every branch pilot of
the bay and harbour of Mobile, shall be owner or part

112

owner of a pilot boat of no less than twenty two feet keel,
and seven feet and a half beam and to row not less than twelve
ears, and shall keep such boat exclusively employed as a pilot
boat; and every such branch pilot not owning or employing a pilot
boat as aforesaid shall forfeit his office, and in the meantime
shall be suspended as aforesaid by any three of the Master and
Wardens aforesaid.

Sec. 16. And be it further enacted, That the Master
or owners of any ship or vessel, appearing in distress, and in
want of a pilot, on the coast, shall pay unto such branch or deputy
pilot who shall have exerted himself for the preservation of such
ship or vessel, such sum for extra services, as the said Master
or owner and pilot can agree upon; and in case no such agreement
can be made, the Master and Wardens aforesaid, or any three of
them, shall determine what is a reasonable reward; and the sum
so determined by them, shall be collected in the manner by this
act directed, for the collection of pilotage.

Sec. 17. And be it further enacted, That if the Master
of any ship or vessel coming into the bay of Mobile, and being
without the bar, shall refuse to receive on board and employ a
pilot the Master or owner of such ship or vessel shall pay to
such pilot, who shall have offered to go on board and take charge
of the pilotage of such vessel half pilotage.

Sec. 18. And be it further enacted, That if any vessel
going out of the bay of Mobile shall carry off to sea, through
the default of the Master or owner of such vessel, any pilot or
deputy pilot when a boat is attending to receive such pilot or
deputy pilot from on board such vessel, the Master or owner of
such vessel shall pay to the Master and Wardens of the Port of
Mobile, besides the pilotage of such vessel, the like wages per
month, until he shall return to the Port of Mobile, as the monthly
wages to the mate of such vessel; Provided, that such pilot
or deputy pilot shall have performed the duties required of him
by this act; and if any money shall have been paid to such pilot
by the master, or owner or factor of such vessel, the same shall
be deducted from the monies to be paid to the Master and Wardens,
for the use of such pilots.

Sec. 19. And be it further enacted, That it shall be
lawful for every pilot or deputy pilot aforesaid, to ask and receive
pilotage from any person who shall employ him to pilot any ship
or vessel from sea, to within the bars at the mouth of the bay
of Mobile, and shall if required, there safely moor such vessel,
and likewise from every person who shall employ him to pilot any
ship or vessel from within the bay of Mobile to the eastward and
southward of the said bars, so far that such vessel may safely
proceed to sea, at the rate of two dollars for every foot of water
such ship or vessel shall draw.

Sec. 20. And be it further enacted, That for every day
which any pilot aforesaid shall be required to remain or be detained
on board any ship or vessel, by the Master thereof, waiting for
a fair wind or otherwise, he may demand and receive the sum of
two dollars: Provided, however, that nothing shall be demand-

113

ed or received from the master or owner of any vessel employed
between the Port of Mobile and any other port in this State, for
refusing to receive and employ such pilot.

Sec. 21. And be it further enacted, That nothing in
this act contained, shall be construed to apply to the regular
packets and traders between Mobile and New Orleans.

Sec. 22. And be it further enacted, That if any person
not appointed as a pilot or deputy pilot as aforesaid, shall pilot
any ship or vessel, either into or out of the bay or harbour of
Mobile, he shall forfeit and pay the sum of twenty-five dollars;
unless, such ship or vessel be in distress, or no regular pilot
can be had.

Sec. 23. And be it further enacted, That all acts and
parts of acts coming within the purview and meaning of this act,
be, and the same is hereby repealed: Provided, however, that no
Port Warden elected or appointed as aforesaid, shall, either directly
or indirectly, act as auctioneer in the sale of damaged goods
condemned by the provisions of this act.

[Approved, December 23, 1822.]

============

AN ACT

To establish certain election precincts in the counties therein
named.

Sect. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama in General Assembly convened, That
the election precinct heretofore established at the house of Fedrick
on Town-creek in the county of Dallas, he and the same is hereby
discontinued; and that an election precinct is hereby established,
at the house of Daniel Hardy an Old-town creek, in said county.

Sec. 2. And be it further enacted, That an additional
precinct for Dallas county, is hereby established at the house
of James S. Gaines, on the road leading to Perry court-house and
one at the house of Richard Hall in the Mulberry settlement: and,
that the election precinct, late at the house of Capt. Yoast be,
and is hereby, discontinued.

Sec. 3. And be it further enacted, Tat the following
election precincts be established in the County of Conecuh, to
wit: one at the house of George Constantine; one at Brooklyn;
and one at Rabbs store: and that the precincts heretofore
established at the house of James Caldwell, and at the house of
William Blackshire, be, and they are hereby, discontinued.

Sec. 4. And be it further enacted, That there be an
election precinct, in addition to those already established, at
the house of Alexander McLeod in Marengo County.

Sec. 5. And be it further enacted, That the following
additional election precincts, shall be established in the County
of Tuskaloosa, to wit: one at the house of Capt. Manly Files on
North river, and other at the mill of James Foster, Esq. on Grants
creek.

15

114

Sec. 6. And be it further enacted, That the election
precincts heretofore established at the house of James Sparks
and _______ Johnsons in Montgomery county, be and the same
are hereby discontinued; and that an election precinct be established
at John Steeles store; and one at the house of William Graves
in the neighborhood of said Johnson, in said county.

Sec. 7. And be it further enacted, That an additional
election precinct be established at the house of Traverse George,
in the county of Mobile.

Sec. 8. And be it further enacted, That in addition
to the election precincts already established in the county of
Shelby, one shall be established at Harpersville, at the house
of John Kidd.

Sec. 9. And be it further enacted, That Jackson county
shall have an additional election precinct, at the house of Thomas
Williams on Racoon creek.

Sec. 10. And be it further enacted, That the election
precinct heretofore had at Wm. W. Pruetts in Decatur county,
be and the same is hereby discontinued; and one in lieu thereof,
at the house of Wyatt Lawes in said county, be hereby established.

Sec. 11. And be it further enacted, That there shall
be two election precincts established in Marion county in addition
to those heretofore established; one at the house of Joseph Burleson
on Buttahatche river, and one at the house of William H. Ragsdale,
on the military road.

Sec. 12. And be it further enacted, That in addition
to the election precincts already established in the county of
St. Clair, there shall be an election precinct at the house of
Henry Box, esq. in Coosa valley.

Sec. 13. And be it further enacted, That an additional
election precinct be and is hereby established at the house of
Adam Torrance, in the county of Morgan.

Sec. 14 And be it further enacted, That the law establishing
an election precinct at Rysers shop, in Limestone county,
be, and the same is hereby repealed; and that an election precinct
be established at the house of John Hardin, in said county.

Sec. 15. And be it further enacted, That in addition
to the election precincts already established in the county of
Wilcox, an election precinct is hereby established at the house
of Obadiah Domus; and also an election precinct is hereby established
at the house of John McCondichie, senior, on Cedar creek, the
north side of Pine barren creek.

Sec. 16. And be it further enacted, That in the county
of Perry, the election precincts at capt. William Waterss
and Doctor Lockets in Old-town settlement, be and the same
are hereby abolished; and in lieu thereof, there shall be an

115

election precinct at Durden and Olivers store, and an
additional election at _________ Miltons on the Oakmulgee
creek; the election precinct at capt. McCuskeys be and the
same is hereby abolished, and in lieu thereof, there shall be
a precinct on Brush creek, at the house of Samuel Tubb, and a
precinct at the house of Richmond Carroll.

Sec. 17. And be it further enacted, That the election
precinct heretofore established at the house of capt. Daniel,
in the county of Greene, be discontinued; and a precinct in lieu
thereof be established at the master ground of capt. Trussel:
and also, that the election precinct heretofore established at
the house of Abner Cotton be discontinued, and a precinct in lieu
thereof be established at the muster ground of capt. Bell.

Sec. 18. And be it further enacted, That the election
precincts in the county of Blount shall be, as follow: the election
precinct at capt. Roberts muster ground be discontinued;
and in lieu thereof, the election shall be held at the muster
ground of capt. Brinlie, at the house of Jesse Watson; and that
the precinct election at the muster ground of capt. McDaniel be
discontinued, and in lieu thereof, the election shall be held
at the house of James Anderson, senior; one other election precinct,
at the house of James Doyle; and one other at the house of Thomas
A. Williams, in said county.

Sec. 19. And be it further enacted, That there shall
be an additional precinct election held at the house of Jesse
Clements in the county of Pickens; and that the election held
at the house of Coxes, shall be discontinued.

Sec. 20. And be it further enacted, That two additional
election precincts be established in the county of Conecuh, one
at each house of John Bell, and one at the house of James Grace;
and that the election precinct heretofore established at the house
of David Hendrick, is hereby discontinued.

Sec. 21. And be it further enacted, That the election
precinct heretofore established at Geo. W. McGaughies in
the county of Lawrence, be and the same is hereby discontinued;
and in lieu thereof, that an election precinct be established
at the must ground of capt. Blackwells company in said county.

Sec. 22. And be it further enacted, That in addition
to the election precincts heretofore established in the county
of Monroe, an election precinct is hereby established at the house
of Joses Parker, in said county; and also an election precinct
be established at the house of Matthew Averett; in said county.

Sec. 23. And be it further enacted, That in the county
of Bibb, there shall be an election precinct established at the
house of Daniel Williams esq. on Mulberry creek in said county.

[Approved, Dec. 26, 1822]

116

AN ACT

To organize the Counties of Covington and Pike.

Sec. 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama in General Assembly convened, That
Alexander McCall, Obadiah Pitts, James Arthur, Edmund Hobby, and
Daniel Lewis, be, and they are hereby, appointed Commissioners
for the County of Pike, a majority of whom shall have power and
authority to designate and fix upon a suitable place for a seat
of Justice for said county; to contract for, and superintend the
erection of such public buildings for the use of said county,
as they may deem necessary; which shall be let to the lowest bidder,
after giving twenty days notice, at three or more public places
in said county of the time and place when and where, the same
shall be let; and until a selection shall be so made, that the
house of Samuel Sivilley be the seat of justice for said county.

Sec. 2. And be it further enacted, That John M. Chapman,
William Arthur, junior, Henry Jones, Abel Polk, and John Cruse
be, and they are hereby, appointed commissioners for the county
of Covington, a majority of whom shall convene on the first Monday
in March next, at the place fixed upon as the seat of justice
for said county; and a majority of the commissioners for the county
of Pike shall meet at the house of Samuel Sivilley, on the day
aforesaid, and proceed to hold elections for a sheriff, a clerk
of the circuit court, a clerk of the county court, and commissioners
of the revenue and roads, for their respective counties, under
such regulations as are prescribed by law.

Sec. 3. And be it further enacted, That said commissioners
shall, before they proceed to the discharge of the duties required
of them by the foregoing section ,take the oath required by law
to be taken by managers of elections for the General Assembly,
to be administered by the Judge of the county court, or any justice
of the peace.

Sec. 4. And be it further enacted, That the commissioners
aforesaid, be, and they are hereby empowered to receive and obtain
from the treasurer of their respective counties, such sum of money
remaining in the treasury, which may be contracted for with such
undertakers; and to remunerate themselves for the actual expenses
which, in the execution of their duties as commissioners aforesaid,
they may necessarily incur.

Sec. 5. And be it further enacted, That the Judges of
the county courts and commissioners of roads and revenue of Pike,
Covington and Henry counties, be, and they are hereby, authorized
to levy an extra tax, not exceeding fifty per centum upon the
amount of the general tax, for county purposes.

117

Sec. 6. And be it further enacted, That thirty days
shall hereafter be allowed for making returns from the general
elections for a senator and representatives, to the counties of
Henry, Covington and Pike, any law to the contrary notwithstanding.

Sec. 7. And be it further enacted, That if the aforesaid
commissioners shall fail to meet at the time appointed to perform
the duties prescribed by this act, that they shall have power
to meet on the first Monday in April next.

Sec. 8. And be it further enacted, That the election precinct
at the house of John Turner, in Henry County, be discontinued;
and in place thereof, an election shall be held at the house of
John Morgan: that in addition to the precincts already established
for Henry county, an election shall be held at the house of Robert
Jones.

Sec. 9. And be it further enacted, That the commissioners
of the counties of Pike and Covington shall have power to lay
off their respective counties into beats; and shall order an election
for constables, justices of the peace, captains and all inferior
commissioned military officers in the different beats of their
respective counties; and it shall be the duty of the sheriff of
those counties, so soon as elected and commissioned to superintend
and conduct said elections.

Sec. 10. And be it further enacted, That hereafter the
person employed to carry and distribute the public acts shall
not be entitled to any pay for carrying and distributing the acts
in Henry, Pike and Covington counties, unless he produce a receipt
from the clerk of the circuit court, that the same were delivered
in due time.

[Approved, Dec. 12, 1822.]

============

AN ACT

To alter the boundaries of Perry county.

Section 1. Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, That
township sixteen in range six be added to, and hereafter form
a part of Perry county.

[Approved, Dec. 30, 1822.]

============

AN ACT

Supplementary to An Act to establish the permanent Seat of
Justice in the County of Shelby, and for other purposes.

Sec. 1 Be it enacted by the Senate and House of Representatives
of the State of Alabama, in General Assembly convened, That
Daniel McLaughlin, William Gilbert, Isaac Hutcherson, Edmund King,
Bennett Ware, Webb Kidd, and Abraham Smith, esquires, be, and
they are hereby appointed commissioners for the purpose of selecting
and fix-

118

ing on the most convenient and eligible site for the seat of
justice and for establishing the public buildings in said county.

Sec. 2. And be it further enacted, That the said commissioners
or a majority of them, shall have power and authority, to procure
by purchase or otherwise, a site as aforesaid, within six miles
of the centre of the county; which centre shall be ascertained
by the county surveyor, whose duty it shall be to have due regard
to the different extremes in performing that duty, and shall receive
such compensation for his services as the county court may deem
reasonable, to be paid out of said county treasury; and should
the commissioners not able be to find an eligible site within
six miles of the centre thus found by the county surveyor, they
shall then fix on the next nearest and most eligible site to the
centre, having regard in every instance to the true interest of
the county, and particularly to lightening the burthens of the
people.

Sec. 3. And be it further enacted, That the said commissioners
or a majority of them, shall, after fixing on the site as aforesaid,
have power to dispose of any and all such real estate as they
may receive by donation, purchase or otherwise, so as to promote
the interest of the county; and shall further have power and authority
to contract for all the necessary public buildings for the said
county; shall have the direction of their several constructions,
and superintend, reject, or receive the same when completed.

Sec. 4. And be it further enacted, That the commissioners
aforesaid, shall meet at the place of holding courts for the said
county, as early as practicable, which shall not exceed the first
Saturday in April next, for the purposes aforesaid; and they shall
have power to adjourn from time to time and to such place or places
as a majority of them may deem proper: Provided, that the
said commissioners before entering on their duties, shall take
and subscribe the following oath or affirmation before some justice
for the peace for said county, to wit: "I ________ _________,
do solemnly swear or affirm, (as the case may be) that I will
well and truly perform all the duties required of me as commissioner
for fixing on the site for the seat of justice for the county
of Shelby, pursuant to an act of the Legislature passed for that
purpose, to the best of my knowledge and ability without favour
or partiality to men or places  so help me God."

Sec. 5. And be it further enacted, That it shall be
the duty of the judge of the county court and the commissioners
of roads and revenue for said county, to fill such vacancies as
may occur by the death, resignation, or refusal to act, of any
of the commissioners appointed by this act; and

119

should the commissioners or a majority of them, appointed by
this act, or by the judge and commissioners aforesaid, neglect
or refuse to meet and enter on their duties in fixing the seat
of justice for said county, until the last day of April next,
then and in that case, the judge of the county court and the commissioners
of the roads and revenue for the said county shall be vested with
all the powers and authority which the commissioners appointed
by this act are vested with, in selecting and fixing on a site
for the seat of justice in the said county; and shall be subject
to all the restrictions, and shall take the same oath as is required
of said commissioners, and shall be entitled to the same remuneration
for their services.

Sec. 6. And be it further enacted, That the commissioners
appointed by this act or such as may perform the duties herein
required, shall each receive as compensation for their services,
one dollar per day for each day they may be necessarily employed
in performing tat duty; which compensation shall be paid out of
any monies remaining in the county treasury not otherwise appropriated:
Provided, that they shall first apply to the clerk of the
county court and give in on oath the number of days he or they
have been employed as aforesaid, and shall receive a certificate
from the clerk to that effect.

Sec. 7. And be it further enacted, That Peyton King
and John Martin, be, and they are hereby, appointed additional
commissioners for the county of Jefferson, to have, exercise and
perform, all and singular the powers and duties belonging to the
commissioners appointed by an act of the General Assembly of this
state, passed at Huntsville, the thirteenth day of December, eighteen
hundred and nineteen.